Notice Of Intended Procecution - Sent to Old Address

[mysticbertie]

Hey guys i am hoping you can advise me on what to do regarding this one.

Some months ago i was driving in Scotland and there was a minor incident on a road which i thought nothing of, there was no car to car contact and nothing serious happened. I now have a notice of intended prosecution with regards to 'careless driving'. I am supposed to reply to this notice and give them the driver of the car details. It has been sent to my old address in England where my car was registered at the time. Can i ignore the letter and just claim i never received it?

All the best

[Jordie Barretts sock]

No. HTH.

You are at risk of attempting to pervert the course of justice on top of everything else.

[kiethton]

Is the car currently registered there?

Is the potential offence likely to result in a more serious outcome than a failure to disclose penalty?

[martinbiz]

mysticbertie said:

Hey guys i am hoping you can advise me on what to do regarding this one.

Some months ago i was driving in Scotland and there was a minor incident on a road which i thought nothing of, there was no car to car contact and nothing serious happened. I now have a notice of intended prosecution with regards to 'careless driving'. I am supposed to reply to this notice and give them the driver of the car details. It has been sent to my old address in England where my car was registered at the time. Can i ignore the letter and just claim i never received it?

All the best

Only you can make the choice to ignore it, but you would be committing a separate offence if you did with the likely outcome of 6 points and a large fine, but trying to claim you never received it when you have and also admitted to the world that you have would be a bit silly

[vaud]

mysticbertie said:

Hey guys i am hoping you can advise me on what to do regarding this one.

Some months ago i was driving in Scotland and there was a minor incident on a road which i thought nothing of, there was no car to car contact and nothing serious happened. I now have a notice of intended prosecution with regards to 'careless driving'. I am supposed to reply to this notice and give them the driver of the car details. It has been sent to my old address in England where my car was registered at the time. Can i ignore the letter and just claim i never received it?

All the best

"there was no car to car contact and nothing serious happened"

"It has been sent to my old address in England where my car was registered at the time."

Erm, good luck...

[LosingGrip]

mysticbertie said:

Hey guys i am hoping you can advise me on what to do regarding this one.

Some months ago i was driving in Scotland and there was a minor incident on a road which i thought nothing of, there was no car to car contact and nothing serious happened. I now have a notice of intended prosecution with regards to 'careless driving'. I am supposed to reply to this notice and give them the driver of the car details. It has been sent to my old address in England where my car was registered at the time. Can i ignore the letter and just claim i never received it?

All the best

Have you updated the DVLA with your new address (assuming its your car etc). Have you updated your insurance company of the new address? Nothing stopping them using that address if they are different.

[paintman]

If you're hoping the NIP would be declared out of time & all this will go away then I'm afraid you're going to be disappointed.

The NIP would be sent to the address of the registered keeper as held by DVLA.

If it was served as per requirements then the fact you hadn't changed your registered address & consequently you personally hadn't received it within the 14 days doesn't render the NIP void.

"(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—
(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or
(b)that the accused by his own conduct contributed to the failure."
www.legislation.gov.uk/ukpga/1988/53/section/2?vie...

Don't forget that there's also the penalty for failure to notify change of address 'up to £1000'.
www.gov.uk/change-address-v5c?step-by-step-nav=c1f...

[AlexRS2782]

LosingGrip said:

Have you updated the DVLA with your new address (assuming its your car etc). Have you updated your insurance company of the new address? Nothing stopping them using that address if they are different.

Seems he's had at least 2 & 1/2 years to update (or forget) that based on previous posting history on PH showing he moved back to Glasgow in 2020.

Drink Drive ban - https://www.pistonheads.com/gassing/topic.asp?h=0&...
Hiring a van after DD ban - https://www.pistonheads.com/gassing/topic.asp?h=0&...
Followed by looking for a potentially hooky MOT place to increase the value of a car - https://www.pistonheads.com/gassing/topic.asp?h=0&...

[mysticbertie]

Jordie Barretts sock said:

No. HTH.

You are at risk of attempting to pervert the course of justice on top of everything else.

Thanks for your reply mate. Thanks for making me aware of this.

[mysticbertie]

kiethton said:

Is the car currently registered there?

Is the potential offence likely to result in a more serious outcome than a failure to disclose penalty?

Thanks for your reply mate. The car is registered in England and thats where the notice was sent.

[mysticbertie]

martinbiz said:

Only you can make the choice to ignore it, but you would be committing a separate offence if you did with the likely outcome of 6 points and a large fine, but trying to claim you never received it when you have and also admitted to the world that you have would be a bit silly

Thanks for your reply mate. Thanks for making me aware of this.

[mysticbertie]

vaud said:

"there was no car to car contact and nothing serious happened"

"It has been sent to my old address in England where my car was registered at the time."

Erm, good luck...

Thanks for your reply mate. .

[mysticbertie]

LosingGrip said:

Have you updated the DVLA with your new address (assuming its your car etc). Have you updated your insurance company of the new address? Nothing stopping them using that address if they are different.

Thanks for your reply mate. The DVLA have my new address, i no longer have the car and i have moved house too. I have updated my insurance too.

[mysticbertie]

paintman said:

If you're hoping the NIP would be declared out of time & all this will go away then I'm afraid you're going to be disappointed.

The NIP would be sent to the address of the registered keeper as held by DVLA.

If it was served as per requirements then the fact you hadn't changed your registered address & consequently you personally hadn't received it within the 14 days doesn't render the NIP void.

"(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—
(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or
(b)that the accused by his own conduct contributed to the failure."
www.legislation.gov.uk/ukpga/1988/53/section/2?vie...

Don't forget that there's also the penalty for failure to notify change of address 'up to £1000'.
www.gov.uk/change-address-v5c?step-by-step-nav=c1f...

Thanks for your reply mate. Thanks for making me aware of this and posting the legal jargon.

Since the incident i have changed where i live and changed my car. They sent it to the adress my old car was registered to at the time.

[mysticbertie]

AlexRS2782 said:

Seems he's had at least 2 & 1/2 years to update (or forget) that based on previous posting history on PH showing he moved back to Glasgow in 2020.

Drink Drive ban - https://www.pistonheads.com/gassing/topic.asp?h=0&...
Hiring a van after DD ban - https://www.pistonheads.com/gassing/topic.asp?h=0&...
Followed by looking for a potentially hooky MOT place to increase the value of a car - https://www.pistonheads.com/gassing/topic.asp?h=0&...

there is always one who likes to trash a person on a public forum, many thanks for thinking im important enough as to waste your time on me, i really dont give a stuff about your rank opinion, its impossible to wind me up so you wasted your time

do you feel macho now mr tough guy do you feel hard now after trying to ridicule me in public, lol lol lol your a joke.

i dont care about you or your previous posts, you made yourself out to look like a petite tt

Edited by mysticbertie on Saturday 18th February 18:00

Edited by mysticbertie on Saturday 18th February 18:00